Probation periods are often seen as a formality, part of onboarding, but not always proactively managed. While we in HR have long encouraged businesses to make the most of this important time, upcoming changes to UK employment law mean that a poorly managed or half-hearted approach simply won’t cut it anymore.

Managing probation periods effectively is set to become an essential way to protect your business. Failing to do so could lead to avoidable risk and potentially costly consequences. Whether you're a small business owner or a line manager, now is the time to tighten up how you monitor and manage probation before the legal landscape shifts.

Here’s what’s changing:

Under the upcoming UK Employment Rights Bill (expected by Autumn 2027), we are anticipating the following changes:

• For the current two-year qualifying period for unfair dismissal to be drastically reduced and replaced with statutory day-one protection.
• We are expecting to see the introduction of a statutory probation period (likely up to 9 months), during which a “light-touch” dismissal process can apply.
• It’s likely during the revised probationary period that employers will need to follow a defined (albeit less formal) process.

These changes are significant!

Probation periods will no longer be the flexible “safe zone” (for informal decisions or vague performance concerns) for employers, as it is now. Employers will need to demonstrate evidence, structure, and clarity around any decisions, and line managers will play a critical role in getting this right.

Additionally, making the wrong judgement, and passing someone who is not actually up to the job through their probation, you could be facing 6-9 months of close performance management before you could consider fairly dismissing them.

The Business Benefits of Managing Probation Well

Right now, before the law changes, there are strong reasons as a business to manage probationary periods well:

✅ Catch issues early

A structured probation period gives you time to assess not just skills, but attitude, behaviour, and cultural fit, and to address issues before they become bigger problems.

✅ Boost new starter success

Regular check-ins, clear feedback, and documented goals help new employees feel supported and to get productive quickly. Issues can often be resolved if you talk through them.

✅ Reduce legal risk

If you do need to dismiss someone, having a clear paper trail of reviews and concerns reduces your exposure to claims even under current law.

✅ Save time and cost

Managing underperformance later down the line is harder, more time-consuming, and emotionally draining. It’s much better to deal with concerns early and fairly – don’t sweep problems under the carpet!

Is It Time to Up Your Probation Game? Here's What to Do:

If your probation processes need tightening up, here’s what we’d recommend doing:

1. Review and update your contracts

Make sure probation clauses include clear length, extension options, and what the probation-end review and a dismissal process will involve.

2. Create a simple probation review structure

Schedule formal check-ins at key stages (e.g. 1 month, 3 months, 6 months) with recorded notes and clear outcomes. Diarise key dates so they don’t pass you by.

3. Make Feedback a Two-Way Street

Don’t just focus on what they need to improve. Share what’s going well and ask what support they need. A two-way dialogue builds trust early on.

4. Train line managers

Equip managers with the confidence to give feedback and to raise concerns early, but also to support and motivate new team members. Probation is about helping people succeed, not catching them out.

5. Document everything

Keep written records of meetings, expectations, concerns, and any required improvements. It doesn’t need to be complex, just consistent and fair.

6. Start now

Don’t wait for the law to change. Building good probation practice now means you’ll be compliant and better protected when the legal landscape shifts.

Probation shouldn’t be passive. Done well, it’s a powerful tool to build stronger teams, protect your business, and set your people up for success.

If you want new starters to hit the ground running, you need to give them the running shoes!

With day-one rights approaching, you can’t afford to leave probation to chance. The way you manage probation is about to matter more than ever. Be ready!

If you need help reviewing your contracts, training managers, or building a great probation process that works for your business….that’s exactly what we do. Let’s chat.